How did Commissioner Heydon and Counsel Assisting, Jeremy Stoljar SC, think it was possible to investigate the governance of an entity they found beyond reasonable doubt never existed, except in name?

The whole focus of the Royal Commission should have changed on 10 September 2014 when Julia Gillard admitted under cross-examination that she had knowingly not only allowed a sham Association that never existed to be granted a Certificate of Incorporation, but had actually suggested the method to Wilson, advised on and assisted the creation of several documents which she allowed to be lodged to obtain the Certificate, knowing every such document was false for the reasons set out by Commissioner Heydon in Para 57 his Report.

Para 57. “First the advertisement and then the application represented that the Association already existed when it did not……… Hence, incorporation was obtained by a fraudulent misrepresentation, first to the public and then to the Commissioner for Corporate Affairs.”

Below, and elsewhere in his Report Heydon confirms not only that Gillard knew and ignored these facts and continued in her deception. but when writing his Report, he knew it too. However, he appears to have completely ignored her culpability by doing what he said in Para 95. “Putting aside the practical difficulties that the Association never had the five members it was supposed to have had……” and

Para 74. “There was no existing association. If it did not exist, it could have no members. And indeed, even if it had existed, no members existed on 22 April 1992. In truth, it had and never was to have more than five members.”

Para 77. “What about Julia Gillard? ….. She did know that there was no Association and therefore no members.”

Para 60. “If she deliberately ignored the matters described, she was party to Ralph Blewitt’s deceit. ”

In Para 88 Commissioner Heydon admits that at the time of Julia Gillard’s alleged 13/5/92 letter to the WA Corporate Affairs Commissioner, allegedly triggering a 15/5/92 response from Assistant Commissioner Ray Neal, he was aware Julia Gillard knew there was no association for which an application to incorporate could be lodged.

Para 88. “The expression ‘existing rules’ indicates that Ray Neal, unlike Ralph Blewitt, Bruce Wilson and Julia Gillard, was assuming the association to be incorporated actually existed. There is no record of any communication advising him of this divergence from reality, even though Julia Gillard at the time of giving evidence, at least, was conscious of it.”
10/9/14 T811.14 – 812.7

Commissioner Heydon stated the following as crimes under s 409(1) of the Criminal Code (WA)

Para 308….. “the crime of submitting a false document to a public official, the Commissioner for Corporate Affairs, with the intention of deceiving that official, being a person responsible for a public duty, with doing something the official would not have done but for the document, namely incorporating the Australian Workers’ Union – Workplace Reform Association Inc. ”

“It is also recommended that this Interim Report be referred to the Western Australian regulatory authorities in order that consideration be given to the prosecution of ….. for a different form of the crime, centring …… on false representation that before incorporation there was in existence an unincorporated association.”

CONSPIRACY
Para 309. “Section 558 of the Criminal Code (WA) provides that any person who conspires with another to commit an indictable offence is guilty of a crime. In the present case the indictable offence is the crime under s 409 (1) set out above.”

Who didn’t know how to do so, but allegedly asked the union’s solicitor how a third WA AWU corporate entity could be set up, and who said she accepted his “instructions” to breach WA law and all her fiduciary obligations to all parties affected, by including unauthorised use of the AWU corporate name in an entity she admitted never existed, but caused and assisted the creation of several false documents to obtain a Certificate of Incorporation?

It’s past time we forensically tore Heydon’s Report apart and exposed it for the sham it is!

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